CC 2000 11-14CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
NOVEMBER 14, 2000
The November 14, 2000, regular meeting of the City Council of the City of Poway,
was called to order at 7:00 p.m., by Mayor Cafagna at the City Council Chambers, 13325
Civic Center Drive, Poway, California.
COUNCILMEMBERS PRESENT AT ROLL CALL
Bob Emery, Jay Goldby, Don Higginson, Betty Rexford, Mickey Cafagna
STAFF MEMBERS PRESENT
James Bowersox
Penny Riley
Lori Anne Peoples
Steve Eckis
Warren Shafer
Robert Clark
Niall Fritz
Jim Howell
Dennis Quillen
Deborah Johnson
Mark Sanchez
Leonard Zuniga
Javid Siminou
Patti Brindle
Pamela Wilczak
Diane Mann
City Manager
Deputy City Manager
City Clerk
City Attorney
Director of Administrative Services
Director of Community Services
Director of Development Services
Director of Public Works
Deputy Director of Public Works
Director of Redevelopment Services
Director of Safety Services
SherifFs Lieutenant
City Engineer
City Planner
Housing Program Manager
Code Compliance Officer
PLEDGE OF ALLEGIANCE
Deputy Mayor Higginson led the Pledge of Allegiance.
PRESENTATIONS
Mayor Cafagna stated that Tom Howard, recipient of the Employee Suggestion Award
presentation, which had been continued from the October 31,2000 meeting, was again
unable to attend. The award will be presented to Mr. Howard during the week.
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Mayor Cafagna presented a Certificate of Commendation to Sandy Lyle of the Poway
Target Store for Sponsorship of the Summer Concert Series.
Mayor Cafagna then presented Graduation Certificates to the 14th Class of Reserve
Ranger Academy Participants; Sammy Ip, Norman Saldania and Nancy Ujasdowski. Mike
Toretch was unable to be present.
PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedure for Public Oral Communications. There was no
one present wishing to speak.
CONSENT CALENDAR
Mayor Cafagna requested Item 17.2 be trailed until after the Closed Session as it is a
companion item. Motion by Councilmember Goldby, seconded by Councilmember
Rexford, to approve the remainder of the Consent Calendar as follows:
o
Ratification of Warrant Registers for the Periods of October 16-20, 2000 and
October 23-27, 2000. (401-10)
Approval of Minutes - City Council
October 17, 2000 - Regular Meeting
October 24, 2000 - Regular Meeting
11. City's Investment Report as of September 30, 2000.
(408-01)
12.
Approval of Execution of Agreement to Renew the Firefighter/Paramedic Exchange
Program Between the City of Poway and the City of San Diego. Adopted
Resolution No. 00-104. (602-01 #908)
13.
Acceptance of the Overlay Project, 1999/2000 Street Maintenance Program from
SRM Contracting & Paving. (602-01 #1388)
14. Allocation of Funds for the Design of a Donor Wall Recognition Feature for the
Proposed Skateboard Park Project. (1402-02/602-01 #1455)
15.
Approval of Lease Agreement Between the City of Poway and AirTouch Cellular for
the Installation and Operation of a Wireless Antenna Facility at Boca Raton
Reservoir Located at 17301 Butterfield Trail. (602-01 #1449)
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16.
Confirmation of Approval of Lease Agreements with AT&T and AirTouch for
Wireless Facilities at Pomerado Reservoir, located at 12700 Sagecrest Drive.
(602-01 #1384 and #1395)
17.
Approval of Final Map for Tentative Tract Map No. 89-09; Robert H. Williams, L.P.,
Owner. Property located at the westerly end of Del Poniente Road. Adopted
Resolution No. 00-105 Ordering the Expansion of Poway Landscape Maintenance
District 86-1 and Lighting District Zones A & C. (203-01/705-09/602-01 #1456)
17.1 Approval of $500 Community Contribution for the Poway Pop Warner Roughriders
Super Bowl Tournament. (1180-05)
Motion carried unanimously.
ITEM 1 (602-01 #9/701-04)
ORDINANCE NO. 532/FIRST READING
1959 SURVIVORS BENEFITS
PERS CONTRACT AMENDMENT
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox.
Agencies such as the City of Poway, whose employees are not covered under the Social
Security System are required by the Public Employees' Retirement System (PERS) to
provide the 1959 Survivor Benefit. The benefit provides a monthly allowance to survivors
of a member who dies prior to retirement. In 1986, the Council adopted the Third Level
Survivor Benefit, which has not kept pace with inflation. Council adoption of the Indexed
Level will provide a benefit that brings the Third Level up to the amount it would have
reached had it kept pace with inflation. The benefit amounts of the Indexed Level will
increase by 2% each year and are applicable to both current and future beneficiaries.
In order to amend the contract, a resolution of intention to approve an amendment needs
to be adopted as well as an enabling ordinance.
There was no one present wishing to speak.
Motion by Councilmember Rexford, seconded by Councilmember Emery, to adopt
Resolution No. 106, entitled, "A Resolution of Intention of the City Council of the City of
Poway, California, to Approve an Amendment Between the Board of Administration of the
Public Employees' Retirement System and the City of Poway," and to waive further
reading and continue the public hearing to December 5, 2000 for second reading and
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adoption of Ordinance No. 532, entitled, "An Ordinance of the City of Poway, California,
Authorizing an Amendment to the Contract Between the City Council and the Board of
Administration of the California Public Employees' Retirement System." Motion carried
unanimously.
ITEM 2 (203-08)
CONDITIONAL USE PERMIT 00-20
WIRELESS COMMUNICATION FACILITY
APPLICANT: NEXTEL COMMUNICATIONS
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. The
applicant is requesting a Conditional Use Permit to add a wireless communication facility
consisting of four panel antennas mounted on a 150 square foot equipment building on a
developed residential lot at 14264 Tierra Bonita Road. The subject property currently has
three communication facilities, operated by different carriers.
The following person was present wishing to speak:
Anthony Laureti, 14260 Tierra Bonita Road, expressed concerns with the maintenance of
the road and safety due to the curves on the access road.
Development Services Director Fritz addressed the speakers concerns with additional
requirements to be met by the applicant prior to the issuance of a building permit.
Motion by Councilmember Rexford, seconded by Councilmember Emery, to close the
public hearing, and adopt Planning Resolution No. P-00-89, entitled, "A Resolution of the
City Council of the City of Poway, California Approving CUP 00-20 Assessor's Parcel
Number 321-191-23." Motion carried unanimously.
ITEM 3 (203-24)
MINOR CONDITIONAL USE PERMIT 99-06
REVOCATION
APPLICANT: MOTORSPORT WAREHOUSE
Mayor Cafagna opened the public hearing. Introduction by City Manager Bowersox. Staff
report by Development Services Director Fritz. The Council approved Minor Conditional
Use Permit 99-06 on August 31, 1999, subject to conditions as approved in Planning
Resolution No. P-99-66. The applicants have failed to meet certain conditions of the
Resolution and have had ongoing violations for the past year. Staff is recommending that
the subject MCUP be revoked on the grounds that the applicant has failed to comply with
the conditions of approval and the findings pursuant to Section 17.48.070 of the PMC.
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The following people were present wishing to speak:
Diana Schultz, major shareholder of Motorsport Warehouse, Arizona, spoke in opposition
to staff recommendation.
Jim Goodman, Attorney for applicant, 10660 Scripps Ranch Boulevard, spoke in opposition
to staff recommendation.
Motion by Councilmember Emery, seconded by Deputy Mayor Higginson, to close the
public hearing, and adopt Planning Resolution No. P-00-90, entitled, "A Resolution of the
City Council, of the City Council of the City of Poway, California Revoking Minor
Conditional Use Permit 99-06 and Rescinding Resolution No. P-99-66 Assessor's Parcel
Number 317-130-47," as amended to be effective Wednesday, December 20, 2000 if no
building permit has been issued by that time. If a building permit is obtained on or before
December 20, 2000, revocation is further suspended until February 20, 2001 and would
only go into effect on that date if a Certificate of Occupancy has not been issued. It is
further required that all health and safety conditions be resolved to the satisfaction of staff
on or before December 20 2000 and that all conditions of approval be satisfied on or
before February 20, 2001. Motion carried unanimously.
ITEM 4.1 (203-15)
REQUEST FOR REHEARING
COMPREHENSIVE SIGN PROGRAM (CSP) 00-03
APPLICANT: NAPOLI BUSINESS PARK
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. On
October 24, 2000 Council voted to rehear the approval of Comprehensive Sign Program
00-03 for the Napoli Business Park located at 12740 Danielson Court. The Council
approved CSP 00-03 at its September 26, 2000 meeting. Staff is requesting that the
rehearing for this item be continued to the City Council meeting of November 28, 2000,
because the applicant has initiated further discussion regarding the compliance matter.
There was no one present wishing to speak.
Motion by Councilmember Goldby, seconded by Councilmember Emery, to continue the
public hearing to November 28, 2000. Motion carried unanimously.
ITEM 5 (704-10)
STATUS REPORT ON NOISE VIOLATION
BIG STONE LODGE
Staff report by City Manager Bowersox. On October 10, 2000, Susan Batterton spoke
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during public oral communications regarding noise affecting her neighborhood coming
from the Big Stone Lodge. This is a status report on the City's code compliance efforts on
this matter. After repeated attempts to obtain compliance with the City's noise ordinance,
the matter was turned over to the City Attorney's office on August 3, 2000. A Notice of
Violation was recorded against the property on August 17, 2000. The City Attorney's
office wrote a letter asking for compliance with the noise ordinance, and receiving no
response, has filed a civil suit on this matter. This is a receive and file item.
No objection as filed.
ITEM 6 (704-10)
STATUS REPORT
ILLEGAL ENCAMPMENTS
Staff report by City Manager Bowersox. Staff provides Council with quarterly reports on
the status of illegal encampment activities within the City. This report represents
information from the third quarter, covering July through September of this year. Staff
recommends the report be received and filed.
No objection as filed.
ITEM 7 (1205-02)
REPORT
AMATEUR RADIO ANTENNAS
Introduction by City Manager Bowersox. Staff report by Development Services Director
Fritz. At the Council meeting of October 10, 2000, several individuals spoke under Public
Oral Communication in support of amateur radio antennas in the City. The Poway
Municipal Code currently requires a Minor Development Review Permit for satellite dish
antennas to ensure that the antenna meets the development standards of the zone,
including height, setbacks and that proper screening is provided. The code does not
specifically identify this as applying to amateur radio antennas, however, the definition of
satellite dish antenna is broad enough that it can include this type of antenna, and staff
has applied this section of code to requests for amateur radio antennas. Staff is currently
preparing a comprehensive Telecommunications Ordinance for Council review. As part of
this amendment, a comprehensive update is being prepared that will take into account all
of the recently adopted laws pertaining to the Federal Telecommunications Act of 1996.
Standards for amateur radio antennas will be included as part of this amendment. Staff
has been in contact with a representative of the local Amateur Radio Operators and will
continue to work with this group in the preparation of the ordinance amendment.
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The following people were present wishing to speak:
Charles Ristorcelli, 13307 Avenida La Valencia, spoke in support.
Harvey Hiller, 10652 Gabacho Drive, San Diego, stated he was neutral.
Gayle Olson, 17010 Surrey Hills Court, stated she was neutral.
Arthur Lilien, 17024 Carriage Hills Court, spoke in opposition.
Donald Henke, 13021 Vista View Drive, spoke in support.
No objection as filed.
CITY ATTORNEY ITEMS
19. City Attorney Eckis requested a Closed Session pursuant to Government Code
54956.9(a), pending litigation, Swinton vs. City of Poway, Case No. GIC746770.
City Attorney Eckis announced that he had entered the City in an Amicus Brief in
Emeryville Redevelopment Agency v. Elementis Pigments, Inc.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
20. Councilmember Emery inquired as to why the shrubs had been removed from the
northwest corner of Twin Peaks and Espola.
21. Councilmember Goldby noted that the improvements to Pomerado Road will result
in the mandatory placement of gang mail boxes as required by the U.S. Post Office
and requested staff evaluate design options for individual mail boxes and hold a
neighborhood meeting with representatives of the Postal Service to brief the
residents.
23. Councilmember Rexford requested information regarding the life of the Poway
Redevelopment Agency, affordable housing, and RDA finances.
24. Mayor Cafagna requested discussion of density issues for the Breihan housing site
and project name selection. General discussion ensued.
Motion by Councilmember Rexford, seconded by Mayor Cafagna, to direct staffto
work with the developer to increase the density and designate the site as "Hillside
Village." Motion carried 4-1 with Councilmember Emery voting no.
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CLOSED SESSION
Mayor Cafagna called for a Closed Session as requested by the City Attorney at 8:35 p.m.
CALLTO ORDER
Mayor Cafagna called the meeting back to order at 8:45 p.m. with all Councilmembers
present.
City Attorney Eckis reported that action was taken to authorize joinder in an appeal should
the applicant pursue one. He then recommended the adoption of the proposed resolution
in Item 17.2.
ITEM 17.2 (203-02)
SUSPENDING RESOLUTION
TENTATIVE PARCEL MAP 99-04
Earlier this year, Council adopted Resolution No. P-00-19, approving a mitigated negative
declaration and Tentative Parcel Map No. 99-04 for Assessor's Parcel No. 273-100-04.
On October 6, 2000, the Superior Court ordered the resolution of approval vacated and
activity pursuant to the resolution suspended.
Motion by Deputy Mayor Higginson, seconded by Councilmember Emery, to adopt
Planning Resolution No. P-00-88, entitled, "A Resolution of the City Council of the City Of
Poway, California Suspending Resolution No. P-00-19." Motion carried unanimously.
ADJOURNMENT
Mayor Cafagna adjourned the meeting at 8:48 p.m. on motion by Councilmember Goldby,
seconded by Councilmember Rexford.
ne Peoples, City ~'~erk w
City of Poway
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